‘Married Man In Consensual Live-In Relationship With Adult Woman Commits No Crime’, Orders Allahabad High Court In Key Ruling; Says Law Cannot Be Guided By Morality

In a significant ruling, the Allahabad High Court has held that a married man cannot be prosecuted for being in a consensual live-in relationship with an adult woman.

The court underscored that legal decisions cannot be influenced by societal morality, observing that “law cannot be guided by morality.”

The remark came while the court was hearing a criminal writ petition filed by a live-in couple from Uttar Pradesh’s Shahjahanpur seeking relief from a police case and protection from threats.

No criminal offence in consensual relationship between adults

A Division Bench of Justices J.J. Munir and Tarun Saxena noted that no prima facie offence was made out against the man, even though he is married, as the relationship appeared to be consensual.

The court made it clear that a consensual live-in relationship between two adults does not attract criminal liability and that the marital status of the man does not automatically make such a relationship illegal.

It further stressed that courts must not be guided by social perceptions or moral policing when determining criminality.

Case stems from FIR filed by woman’s mother

The case involves a couple identified as Anamika, aged 18, and Netrapal from Shahjahanpur. The legal dispute began after Anamika’s mother, Kanti, filed an FIR on January 8 at Jaitipur Police Station, alleging that Netrapal had enticed her daughter to leave home.

The complaint also named another individual, Dharmpal, for allegedly assisting him. The case was registered under Section 87 of the Bharatiya Nyaya Sanhita (BNS). Challenging the FIR, the couple approached the High Court, asserting that they are both adults and are living together out of their own free will.

Court rejects argument based on man’s marital status

During the hearing, the opposing side argued that since Netrapal is a married man, his live-in relationship with another woman should be treated as a criminal offence.

However, the court rejected this argument, observing that there is no provision in law that criminalises a consensual relationship between adults, even if one of them is married. The bench also took note of the woman’s statement to the police confirming that she is an adult and is in the relationship voluntarily.

Protection granted amid honour killing fears

The court took serious note of the couple’s claim that they faced threats from the woman’s family, including fears of honour killing. In response, it directed the police not to arrest the couple and ordered immediate protection for them.

The court also restrained the woman’s family members from causing any harm or interfering in their lives. It further prohibited them from entering the couple’s residence or contacting them directly, electronically, or through any third party. The local Superintendent of Police was made personally responsible for ensuring the couple’s safety and security.

Court pulls up police for inaction

Expressing concern over the lack of action by authorities on the woman’s complaint about threats, the court reminded the police of their duty to protect consenting adults. It referred to the Supreme Court’s 2018 judgment in Shakti Vahini vs Union of India, which mandates protection for couples facing threats from families or communities.

Next hearing scheduled for April 8

The matter has been listed for further hearing on April 8, 2026. Until then, the court’s directions regarding protection and non-arrest will remain in force.

The judgment is being seen as a strong reaffirmation of individual autonomy and the right to choose one’s partner under Article 21 of the Constitution.

By clearly separating legality from morality, the court has reinforced that consensual relationships between adults, even in complex social contexts, cannot be criminalised merely on the basis of societal disapproval.

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